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2023 Supreme(Raj) 233

MANINDRA MOHAN SHRIVASTAVA, REKHA BORANA
Papapuri S/o Chimanpuri – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Moti Singh.
For the Respondents: M.S. Singhvi, K.S. Lodha.

Judgement Key Points

Based on the provided legal document, there is a specific point in the case which addresses the issue of alternate gochar land being allotted at a significant distance, which is considered not permissible.

The document mentions that the respondents are in the process of setting apart alternate land of an equal area (864.6148 hectares) in adjoining villages as Pasture lands, which indicates that the original pasture lands have been vested in the Regional Development Authority. It further states that this alternative land is being allocated in nearby villages, implying a considerable distance from the original locations.

The petitioners' argument is that such a distant allotment of gochar (pasture) land is not permissible, as it would violate the principles of sustainable development and the traditional use of pasture lands for grazing of cattle of the villages. The respondents, however, contend that the same area of pasture land is being set apart in adjoining villages, which they argue is a suitable alternative.

Therefore, the case does include a point that the allotment of alternate gochar land at a far distance from the original location is being undertaken, and this practice is challenged on the ground that it is not permissible within the legal framework governing pasture lands and their use.

[ p_264] (!) (!)


ORDER :

1. This public interest litigation petition seeks to assail correctness and validity of respondents’ action in issuing directions to record all government lands situated in nine revenue villages of Tehsil Rohat, District Pali, namely, Dungarpur, Singari, Dhundhali, Doodali, Neembli Patelan, Neembli Bramnan, Danasani, Rohat and Dalpatgarh in favour of Jodhpur-Pali-Marwar Industrial Area Development Authority (a unit of RIICO) [hereinafter referred to as ‘JPMIA Development Authority’].

2. The petitioners are villagers of Village Dungarpur, Tehsil Rohat, District Pali. Village Dungarpur is one of those nine revenue villages where all the government lands are directed to be recorded in the name of JPMIA Development Authority. The concern of the petitioners is on account of transfer of government lands, which according to them, include the lands recorded as Gochar (Pasture), Oran (Forest), Agore (Water catchment), Bhakar and other public utility lands situated in nine revenue villages of Tehsil Rohat, District Pali. The public interest which the petitioners seek to espouse is that the action of the respondents in transferring the aforesaid lands of public utility would seriously a

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